[Federal Register Volume 66, Number 208 (Friday, October 26, 2001)]
[Rules and Regulations]
[Pages 54166-54167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26930]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 001215358-0358-01; I.D. 101601A]


Fisheries off West Coast States and in the Western Pacific; 
Coastal Pelagic Species Fisheries; Reallocation of Pacific Sardine

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Reallocation of Pacific Sardine.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the reallocation of the remaining Pacific 
sardine harvest guideline in the exclusive economic zone off the 
Pacific coast. As of October 3, 2001, 72,306 metric tons (mt) of the 
134,737 mt harvest guideline remains unharvested. The Coastal Pelagics 
Species Fishery Management Plan (FMP) requires that a review of the 
fishery be conducted 9 months after the beginning of the fishing season 
and any uncaught portion of the harvest guideline totaled and 
reallocated, with 50 percent allocated north and 50 percent allocated 
south of Pt. Piedras Blancas, CA; therefore, 36,153 mt is allocated to 
each area. The intended effect of this action is to ensure that a 
sufficient amount of the resource is available to all harvesters on the 
Pacific coast and to achieve optimum yield.

DATES: Effective October 26, 2001, through December 31, 2001, unless 
NMFS publishes a superseding document in the Federal Register.

FOR FURTHER INFORMATION CONTACT: James J. Morgan, Southwest Region, 
NMFS, 562-980-4036.

SUPPLEMENTARY INFORMATION: On December 27, 2000, NMFS published notice 
of a harvest guideline of 134,737 mt for Pacific sardine in the Federal 
Register (65 FR 81766) for the fishing season January 1, 2001, through 
December 31, 2001. The harvest guideline was allocated as specified in 
the FMP, that is, one-third (44,912 mt) for Subarea A, which is north 
of 35 deg. 40' N. lat. (Pt. Piedras Blancas, California) to the 
Canadian border; and two-thirds (89,825 mt) for Subarea B, which is 
south of 35 deg. 40' N. lat. to the Mexican border.
    Section 5.2.2 of the FMP requires that a review of the fishery be 
conducted 9 months after the beginning of the fishing season and any 
uncaught portion of the harvest guideline totaled and divided equally 
between Subarea A and Subarea B. At its September 2001 meeting, the 
Pacific Fishery Management Council (Council) received a report on the 
sardine fishery from its Coastal Pelagic Species Management Team and 
heard statements about the harvest of Pacific sardine on the Pacific 
coast from representatives of California, Oregon, and Washington. Based 
on this testimony, the Council recommended that NMFS reallocate the 
remaining portion of the harvest guideline as specified in the FMP. 
Therefore, the 72,306 mt of the uncaught portion of the harvest 
guideline is reallocated in the following manner: 36,153 mt north of 
Pt. Piedras Blancas (Subarea A), and 36,153 mt south of Pt. Piedras 
Blancas (Subarea B).

Classification

    This action is authorized by the FMP in accordance with 50 CFR 
660.517 and is exempt from review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA (AA) finds for good 
cause under 5 U.S.C. 553(b)(3)(B) that providing prior notice and an 
opportunity for public comment on this action is unnecessary and 
impracticable. It is unnecessary because redistribution of the harvest 
guideline in this proportion is a ministerial act required by the FMP. 
It is impracticable because affording prior notice and opportunity for 
public comment would preclude NMFS from quickly taking action to 
redistribute the sardine quotas in the north and south areas in order 
to prevent the quotas in these areas from being exceeded.

[[Page 54167]]

    Because this rule provides a redistribution of a harvest guideline 
to meet the requirements of the FMP and does not require any 
participants in the fishery to take action or to come into compliance, 
the AA finds for good cause under 5 U.S.C. 553(d)(3) that delaying the 
effective date of this rule for 30 days is unnecessary.
    Because prior notice and opportunity for public comment are not 
required for this action by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are not applicable.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 19, 2001.
Bruce C. Morehead,
Acting Director,Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-26930 Filed 10-25-01; 8:45 am]
BILLING CODE 3510-22-S